Delhi court dismisses police's plea over 4-day custody of R-Day violence accused Deep Sidhu
Apr 19, 2021
New Delhi [India], April 19 : A Delhi court on Monday dismissed the plea of Delhi Police seeking four days custody of actor-turned-activist Deep Sidhu, in another Republic Day violence case.
Chief Metropolitan Magistrate Gajender Singh Nagar remanded Sidhu to 14 day- judicial custody.
Meanwhile, Deep Sidhu moved his bail application before Delhi Court in the Republic Day violence case. His bail plea will be heard on April 23.
Earlier today, the Delhi Police urged the Court to grant four days police custody of Deep Sidhu, in the another Republic Day violence case.
During the hearing, the Delhi Court questioned police for arresting Sidhu in another case just after he got bail in a separate case saying 'kya aapko ye ajeeb nahi lagta' (Don't you feel strange).
The Public Prosecutor responded that it is the prerogative of the investigating agency and law is clear that Investigating Officer has the right to take police custody of the accused to conduct proper investigation.
Delhi Police also told the Court that from the investigation conducted so far from the perusal of the available CCTV footage and videos, it has revealed that the accused Deep Sidhu was an active member of the larger conspiracy and he is one the main instigator.
The police said that the custodial interrogation of Sidhu was required to unearth the conspiracy behind the offence, to trace the other co-accused, to get pointing out of the place of incidents and to collect further evidences in the case such as mobiles and SIMs used at the time of incident
The police said that it want to identify the other conspirators who and question him over his videos with Jugraj Singh, the man who hoisted the flag on the Republic Day at the Red Fort.
Addressing the Court, Deep Sidhu, himself made the submission that he was in the same office and his team was also investigated during remand. He also submitted that he will co-operate fully and they can have whatever number of hours with him in judicial custody.
Sidhu's counsel Abhishek Gupta and Jasdeep Singh Dhillon opposed the police custody remand saying that any single day of incarceration is in violation of his fundamental right. He also said that allegations in the both matter are identical.
Yesterday, Deep Sidhu was remanded to one day judicial custody. A Duty Magistrate in Tihar Jail on Sunday said that the remand hearing of the actor-turned-activist Deep Sidhu, an accused in the Republic Day violence case will be heard by the concerned magistrate on Monday.
Sidhu was arrested in this case on Saturday just he was granted bail by a Delhi court in a case relating to violence in Red Fort during the farmers' tractor rally on January 26.
As per the statement issued by Sidhu's lawyer Abhishek Gupta on Saturday, the actor was arrested on February 9 in connection with an FIR registered at PS Kotwali for alleged involvement in Red Fort violence.
"He was granted regular bail vide order dated April 16 which was communicated to us today. However, around 1 PM to 1.30 PM, before he could be released from jail, he was arrested in FIR 98/21 also registered by PS Kotwali and in respect of the same incident at Red Fort," said Gupta.
"The need and timing of the arrest is extremely questionable and it is a grave affront to personal Liberty of an individual and runs foul of rights guaranteed under Article 21," Gupta further said.
"Hopefully, we are given an opportunity tomorrow before the concerned Magistrate to seek his release under section 167 CrPC against illegal arrest in light of Arnesh Kumar judgment and many others of the Apex Court. The opportunity of being heard is also a fundamental right," he added.